it's how you react and it's what you're supposed to do. i feel confident that if i was in that situation, other people would have done it, as well. i'm just glad that i was able to help at a time when someone needed help. >> and boy, did he. he was in the right place at the right time. and a south bay man and his daughter tonight are alive because of it. good evening, everyone. i'm jessica aguirre. >> and i'm raj mathai. had he not been there, this

would have been a different story. a father and daughter would have likely drowned. but there he was, scaling a fence and diving in a pool to save their lives. we bring in george kiriyama who joins us with this remarkable story of a san jose schoolteacher. george? >> reporter: that's right. we heard that the 6-year-old girl and her father are said to be doing fine tonight. last night they were swimming inside this pool when something went wrong and they ended up at the bottom of the pool. fortunately for them, someone with cpr skills came to the rescue. >> my main feeling right now is relief. >> reporter: when jeff heard a cry for help, his instincts took over. >> i came out. what i saw was, there was a man in the pool trying to get another man out. there was already a girl on the side. >> reporter: the 6-year-old girl and her father were found at the bottom of the pool, 8 1/2 feet deep. the girl had stopped breathing. his cpr training was being put to the test. >> i had enough knowledge i was able to do it, because it was a

nerve-racking experience. >> reporter: in a matter of seconds, he had the little girl breathing again. then he turned his attention to her father. >> he looked like he was going into shock, he wasn't really responding. >> reporter: eventually the father was revived. neighboring are calling bail and the man who pulled the two out of the pool heroes. >> being pump in that situation is kind of crazy. i'm just glad that they're okay and he was the one to do it. he has a good heart. >> reporter: bail doesn't see himself as a hero but a high school social studies teacher who did the right thing. >> it's what you're supposed to do. it's how you react and i feel confident that if i was in that situation other people would have done it, as well. >> reporter: now, witnesses say the girl and her father may have been at the bottom of the pool for a couple of minutes. we're hearing tonight they're talking about providing cpr training to the neighbors. george kiriyama, nbc bay area news.

>> luckily a happy ending to that story. thank you, george. he was shot while trying to make a difference in the lives of oakland's neediest. the man known on the streets as brother john died on the streets. tonight, though, his widow, who was shot alongside her husband, says the biggest wound is to her heart. jean elle is live in oakland. they had those two children inside the van. >> reporter: that's right and one of those little girls was shot. police are following leads but they need witnesses to come forward. and the victim's family is stunned. they say terrence powell was killed while trying to help the homeless. >> i lost my best friend. she can't believe her husband, paris, is gone. someone opened fire on the couple and their two girls as they delivered food to the homeless on 47th avenue in oakland just after midnight wednesday.

>> it parked if opposite way next to us. >> reporter: a turquoise van pulled up and someone started shooting. >> we looked over and all i remember is seeing and hearing the door slide back and four gunshots went off. >> reporter: powell says she ducked and prayed. >> as it was driving off, our van started moving, so i thought we're getting away, my husband put his foot on the gas and we're getting away and i felt a big impact. it was our van hitting a diesel parked in front of us. when i opened my eyes, i saw all the blood. >> reporter: her 29-year-old husband was shot in the head. she was grazed by a bullet and her 3-year-old was hit but is okay. she says she and her husband fed the homeless regularly at night. she says it was their mission. >> she was such a great person. he's still out there somewhere, that i might even run into him and not know that he murdered my husband for no reason. whoever he is, it's not fair.

i almost lost my daughter. >> he was a servant of god. so i believe god wants to focus on his life and to understand that we need more of that in the world. >> reporter: his brother-in-law says paris found joy in helping others and whoever pulled the trigger must have thought he was somebody else. >> total cowards. paris has never been involved in any drugs or gangs or hustling or anything like that. he's a beautiful spirit. >> reporter: a fund has been set up for the powell family at wells fargo bank. the family is planning a candlelight vigil tomorrow night at the scene of the shooting. reporting live, jean elle, nbc bay area news. >> okay, jean, thank you. sfpd has found the gun but not the person who allegedly removed the gun from the crime scene. here's the gun we're talking about, it was fired during the controversial officer involved shooting in the bay view district. police shot kenneth harding on july 16th during a foot pursuit.

but investigators say ballistic tests revealed that the bullet that killed harding came from his own gun. over the weekend, a neighbor led police officers to the semi automatic pistol. police now confirm it is harding's gun. the investigation into what led to the deadly shooting is ongoing. new at 11:00, the date is set for a defining moment in california's same-sex marriage ban. september 6th is when the california supreme court will hear arguments on whether prop 8 backers have the right to fight a court ruling that struck down that ban. at issue is that former governor schwarzenegger refused to repeal the law. prop 8 has been mired in legal challenges. drama on the tarmac. two belligerent brothers flying from miami to sfo attacked an american airlines pilot,

prompting the other passengers to tackle the brothers. the crew of flight 1755 was escorting one of the men, who appeared to be intoxicated, off the plane. when his brother intervened and started hitting the pilot. >> the guy that was ill just walked right up to the captain and he just went pow! and he slapped him really hard and the captain was stunned and so was everybody on the plane. >> american airlines says luis and jonathan baez attacked the pilot again in the walkway from the plane back to the gate. the flight everybontually arrivt sfo without the brothers. the debt ceiling showdown is intensifying as tuesday's deadline looms. president obama and his administration are preparing for the worst as democrats and republicans remain deadlocked in a clash of political wills. house republicans are reeling after john boehner's planned vote on a $900 billion debt

increase was aborted. insiders say the bill lacks key republican support, even with backing from tea party lawmakers. senate democrats led by harry reid of nevada, vow to kill any debt increases passed by the house. tonight, the speaker is taking shots as he reacts to today's non-vote. >> i disagree. i just don't think that with a fragile economy that we have, the last thing we need to do is play around with august 2nd. >> piece after piece after piece of red meat to that right wing lion in your caucus. >> so what's next? house republicans have scheduled an emergency meeting for tomorrow morning. president obama and his staff are preparing to reach tuesday's deadline without a new debt ceiling in place. it's a result that no one in washington really wants to see and one that would damage america's credit rating and m k economic power in the world.

>> he went from gangster to good guy. >> i was in a gang for too many years, and it was just watching friends die, watching dumb stuff that you couldn't come back from. up next, how one man is using the change in his life to change the lives of an entire community here in the bay area and a story you'll only see here on nbc bay area news. a $10 billion state project caught up in red tape. critics say it doesn't work now and never will. but lawmakers say they're ready to walk away from it all. we blow the lid on a tax dollar disaster. >> and meet the new dad who got a thousand speeding ticket for trying to save his newborn's life. we had 90 degree heat. otherwise cooler from san jose down the peninsula with 80s in san jose. and the cooling wind also stay with us. we're ta. g t your weend.

crime in east malamoto makes

headlining. but tonight, a man who grew up miles away. he found himself in a gang until one day he looked at his future. we have this one-time gangster's story and how now he's changing lives in his community. paul of all of it in his own words. >> my name is eugene jackson. i've been doing mma for about 15 years. i grew up back when it was the murder capital of the world. i was gang related for many years. for too many and it was just watching friends die. it was watching dumb stuff that you couldn't come back from. there we go, nice, nice. keep going to the head. i'm trying to take the youngsters that are normally going to go the wrong way, looking for strength. you can be successful, you can help pull yours out of the street and get a better life. that's all they're looking for.

that's why i'm into these kids so much. >> there's no bs. like he knows how to interact with my level. >> if you believe in any higher source, any spiritual strength that we want to get, it's not trying to destroy or degrade anyone else. i had to shake my oldest son up and move schools. his best friend, he went that route and my son went the right route. he got killed two years ago. when he made it on the big screen, it makes them take you a little more serious. there's other people who have never done wrong that could have a better testimony than me. but because they can relate to where i came from, i can lead them back to talk to those people. >> he's been through all the same situations, if not worse. ky trust him, you know. it's easy to turn that page. >> get off the fence. every gang banger is going to

prison or getting killed. so all bad. when you look on the other side, what's the worst? you've got an okay job and you're having an okay life compared to doing prison life or not turning down a street because you're worried about a certain neighborhood. >> he's also featured in "time" magazine, too. you can read more about his story and his life on our website at nbcbayarea.com. some are calling it the poster program for government bureaucracy and waste. it's a project supposed to make california courts run better. but now this project is under fire. is it a billion dollar boone doingle or the price we need to pay to fix a broken court system? garvin thomas takes us in depth tonight. >> on the record, counsel are present, 12 jurors. >> reporter: have no fear, californians, should you ever need it, you will get your day

in court. it just may be many days before they can squeeze you in. courtrooms are being closed and staff sent home. in the future, we are warned simple court matters will take days to resolve, complex ones years. and while state budget problems are mostly to blame, many within the courts say the situation is being made worse by the state agency overseeing the courts. the aoc and by one costly project in particular. >> i'm angry. >> reporter: san francisco superior court presiding judge catherine feinstein for one has two words for it -- >> boonedoggle and fiasco. >> reporter: it's a project started ten years ago to address a growing problem, california's 58 different trial courts all using different and increasingly outdated computer systems. so why not develop one system to link them all to improve efficiency and hopefully cut

cost? well, ten years and hundreds of millions down the road, the system is only partially in place in seven counties and full implementation is years away. and a project once estimated to cost $200 million now looks closer to $2 billion. that last figure comes from a scathing report of the ccms program by the state auditor. she blames the aoc for never doing an analysis in the first place to see if it would save the state money in the long run. and a poorly structured vendor contract led to 102 amendments, pushing the program's cost up, and up. >> by the time the system, if it ever is fully deployed, will be obsolete. >> reporter: judge lampier is a member of the alliance of california judges, long-time critics of the ccms. >> there's no real effective consensus among the trial judges that this system is needed or

certainly that it's needed at that cost. >> reporter: he can't bear to see any more money spent on a project they don't think will ever work, money that could be used to help keep courts in session. >> i think it should have been abandoned long ago. >> first of all, i'm not saying there haven't been any missteps. >> reporter: this judge is the chair of the committee. he defends the project on many levels. while he does take issue with the auditor's ultimate cost projection, he says to bring a system as extensive as the courts into the 21st century, $1 billion is not out of line. >> i think the public would be appalled if they knew how inefficient our systems were and what we were relying upon in terms of processing cases. >> reporter: plus, final testing of the software is almost complete. so all that's left is getting it into the courts. it's too late, he says, to turn back now. >> we're not only back where we

were ten years ago, we're worse off. >> reporter: he says it will link the courts together and give the general public access like never before. there will be all sorts of things they can do without going to the courthouse. critics say that better be the case, because in the future there might not be anyone left there to help you. garvin thomas, nbc bay area news. >> millions, millions of dollars being pumped into that. >> fascinating. fresh back from the garlic festival, here he is, jeff ranieri. >> i smell him. >> you do not. >> we love the garlic. >> yes, my eyebrows and hair is still on me, too. you'll see why. we have video if the gilroy garlic festival. take a look at this. this is my friend here, oh, yes, the flame. this flamed for about six feet. we almost needed a fire

extingui extinguisher. a lot of fun out there. the thing that many people don't know about is most of the proceeds help to go towards the local charities benefitting the community. this happening now for 33 years in a row. let's get back here to the numbers. 86 in gilroy. temperatures popping up into the 90s for this sunday. 76 at redwood city and 64? san francisco with 70s and 80s from santa rosa to san rafael. still mild out here in the east bay. 69 in concord. 63 in fairfield and 55 in nevada and 56 in san francisco. so we do have the fog with us. it's just not widespread here in our inland spots. so mainly at the coastline for tomorrow morning. friday, still the east bay will be the hottest will 90s there. and for the weekend, looking at a slight chance of sierra thunderstorms. but it doesn't look like anything that will be moving into the bay area.

friday, 90s inland for the east bay. for the weekend, it will stay warm to hot for our bay side communities. for tomorrow morning, we have the fall with us. maybe patchy fog here for the peninsula. by 10:00 and 11:00 in the morning, the fog pushes back. another sunny finish for tomorrow. more temperatures once again in the 80s and 90s inland. tomorrow, we start off with 57 in los gatos and 54 in gilroy. if you want to see more about the garlic festival, go to nbcbayarea.com and search festival or garlic or my name and find a link that i posted there. 76 in san mateo. 71 in san francisco and talk about a lot of heat down there. 88 in santa rosa. 89 in lake park. on your seven-day forecast, we have the low to mid 90s inland

as we head throughout saturday, sunday and monday. no triple digits in it. and then 70s coming back to the coastline as we also head into the upcoming weekend. so the next couple of days look pretty good and don't forget the berkeley kite festival this saturday and sunday. we've been busy this week. >> you've got everyone's weekend already planned. >> got to go check them .u guys. >> thanks, jeff. >> back in a moment. gu

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his road trip to san francisco made national headlines for the wrong reasons. alex trebek will have surgery tomorrow to repair his ruptured achilles. he is expected to spend six weeks in a cast. trebek, as you probably know, injured himself chasing down a suspect who broke into his hotel room at san francisco's marriott marquee. the incident happened wednesday morning. the suspect, who you see here, 356-year-old lucinda moyers remains in custody tonight. she's scheduled to be back in court on monday. >> let's check in with jim in the comcast sports newsroom. big night in baseball tonight. >> oh, very big night. thank you very much. the a's offensive outburst, and this. could the giants do the same with the addition of their mega ion the way.tion, carloay [ female announcer ] what's so great about jcp cash?

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no exclusions! with jcp cash, earn ten dollars off when you spend just twenty-five storewide. and unlike other stores, we don't make you come back to save. get ten dollars off with no exclusions! we make style affordable, you make it yours! jcpenney. oh, my goodness, they have a new star player, the giants might never lose again. here's jim with sports.

you like that? >> that was a brilliant tease. are you kidding me? let's get it going, giants busy making that news. first, it was the acquisition of carlos beltran from the mets and they against the phils. the giants and the phillies, and carlos beltran making his debut. no score until sandoval goes the other way. 1-0, giants. the only giant with double figure home runs this year is that man. bottom of the fifth, beltran flashing some leather. beltran, that is a tough sliding catch and replaced that dif et. bottom of the ninth, brian wilson strikes out martinez to end the game. a league-leading 33rd save and giants win 4-1, take two of three from the phils. jamie has more. >> reporter: aside from that

sliding catch in right field that had everybody holding their breath, including bruce bochy, it was a fairly uneventful debut for carlos beltran. but just his presence can make an impact. >> i'm happy with the decision that i made and happy to be here. i believe this team has the potential of doing what they did last year and i'm just hoping to come here and contribute anywhere i can offensively and defensively. >> i think you saw what his presence did already. we had some other guys swinging the bat well behind him and put up a few more runs than we did in the first two games. >> reporter: before the game, he said he was telling sandoval to go to left field a little more and during his first at-bat, he was a home run to left. >> thank you, jamie. a's trying to sweep the rays.

a's led by five after the first. 5-4 a's here. jennings singles to right. 6-5, tampa here. top of 2th, this is just crazy power. you ought to enjoy it, b.j. upton, 16th of the year. tampa wins 10-8. to football. in '09, michael crabtree missed training camp as a holdout. last year he was out with an injury. crabtree injured his foot and is expected to miss four to six weeks. and nate clements was relosed and they signed david acres. that's a look at sports. looking forward to the giants never losing again. >> never. >> and we were wondering was that men without hats in the giant clubhouse? >> yes, i believe it was.

brace yourself for this, how about this, i'm going with these tonight. get aload of these. >> oh, my. >> i'm bringing them back. >> looks like larry king. >> just like him. just like him. we're in the same age bracket. >> thank you, jim. >> we'll be right back.

would you believe he got two speeding tickets while driving his pregnant wife to the hospital? here we go, 32-year-old david weber from manitoba, up in canada, was driving his wife, who was in labor, to the hospital. he was going pretty fast, about 110 miles per hour. he was pulled over, given a ticket and sent on his way. then it happened again. he got another ticket, but this time the officer called an ambulance. they made it safely to the hospital and mother and baby are fine, but the government is sticking with their guns and saying we're giving you that ticket.cc1: >> that's all for us tonight. >>lan ahead imxtne t pbye.by